[Download] "Gilbert v. State" by In the District Court of Appeal of Florida Second District " eBook PDF Kindle ePub Free
eBook details
- Title: Gilbert v. State
- Author : In the District Court of Appeal of Florida Second District
- Release Date : January 19, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Robert W. Nielson appeals the denial of his motion to correct illegal sentences, which he filed in circuit court case number 84-1200 in May 2007, pursuant to Florida Rule of Criminal Procedure 3.800(a). He alleges in his unsworn motion that the sentencing court orally imposed these sentences to run concurrently to earlier sentences he was serving and that the written sentences are illegal because they do not affirmatively indicate the sentences are to run concurrently. The Department of Corrections has calculated Mr. Nielsons sentences consecutively pursuant to section 921.16(1), Florida Statutes (1983), which provides that sentences of imprisonment for offenses not charged in the same information are served consecutively unless the trial court specifies otherwise. Neither Mr. Nielson nor the trial court has been able to obtain a transcript of the sentencing hearing, which occurred sixteen years ago in 1991. Mr. Nielson suggests that it is the courts responsibility to make a transcript available and that in the absence of such a transcript his sentences should run concurrently with the earlier cases. We disagree.
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